State v. McNeil

753 So. 2d 938, 2000 WL 202126
CourtLouisiana Court of Appeal
DecidedFebruary 16, 2000
DocketNos. 98-KA-0954, 98-KA-0955
StatusPublished
Cited by2 cases

This text of 753 So. 2d 938 (State v. McNeil) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. McNeil, 753 So. 2d 938, 2000 WL 202126 (La. Ct. App. 2000).

Opinion

|, KLEES, Chief Judge.

By bill of information dated January 14, 1997, defendant Lon Washington was charged with seven Counts of armed robbery (Counts 1, 7, 11, 12, 13, 14, and 15), three Counts of attempted armed robbery (Counts 2, 3, 8), and three Counts of attempted first degree murder (Counts 16, 17, 18). Defendant Darnell McNeil was charged with five Counts of armed robbery (Counts 7, 12, 13, 14, 15), three Counts of attempted armed robbery (Counts 2, 3, 8), and two Counts of attempted second degree murder (Counts 4 and 9). Both defendants pleaded not guilty. On September 25-26, 1997, Washington and McNeil were tried together with separate twelve-member juries deciding their cases on Counts 2, 3, 4, 7, 8, 9, 12, 13, 14, and 15. As to Washington, the jury found him guilty of five Counts of armed robbery (Counts 7, 12, 13, 14, and 15) and one Count of attempted armed robbery (Count 8). As to McNeil, he was found guilty as charged of four Counts of armed robbery (Counts 12, 13, 14, and 15) and two Counts of attempted armed robbery (Counts 2 and 3). On November 26, 1997, the trial court denied Washington’s and'McNeil’s motions for new trial and sentenced them the same day. Washington was sentenced on Counts 7 and 8 to forty-nine and one-half years without benefit of parole, probation, or suspension of sentence to run concurrently with each other | ¡>and on Counts 12, 13, 14, and 15 to fifty years at hard labor without benefit of parole, probation, or suspension of sentence to run concurrently with each other but consecutively to the sentences on Counts 7 and 8. The State filed a multiple bill to which Washington admitted his identity; and, after advising Washington as to his rights, the trial court found him to be a second offender. The court vacated his sentence on Count 12 and resentenced him to fifty years at hard labor without benefit of parole, probation, or suspension of sentence. McNeil was sentenced on Counts 2 and 3 to forty-nine and one-half years at hard labor without benefit of parole, probation, or suspension [942]*942of sentence to run concurrently with each other and on Counts 12, 13, 14, and 15 to fifty years at hard labor without benefit of parole, probation, or suspension of sentence to run concurrently with each other and consecutively to the sentences on Counts 2 and 3. The trial court denied both defendants’ motions for reconsideration of sentence. This appeal followed.

A review of the record reveals no errors patent.

STATEMENT OF THE FACTS

This case involves four separate robbery incidents. This first one occurred on October 23, 1996. Janet Gibson testified that she and her boyfriend, Jimmy Rezny, were returning home from the hospital; and, when she was two blocks from her house, she realized that a car was following her. She parked in front of her house, and the car that had been following her pulled up and blocked her in. A man jumped out, put a gun to her and Rezny, and ordered them out of the car. Ms. Gibson testified that she asked Rezny what to do and he told her to start honking the horn. When she did so, the man with the gun shot her twice. She threw herself over her two month old baby who was also in the car. She stated that the armed man was of medium height, but she was unable to otherwise describe him because | ahe wore a blue bandana over his face. Rezny testified that three men got out of the car and that they wore Halloween masks and bandanas.

The next incident occurred on November 5, 1996. Kimberly Waters testified that she and Alex Curtis were driving up to her house on Pitt Street when another car pulled up alongside her car. She saw two men with guns jump out, and she said that each one went on either side of her car. Ms. Waters and Curtis exited the car; and, when one of the men, who had a gun against her chest, reached for her purse, Ms. Waters begged him not to take it because it was her birthday. She then heard gunfire and realized she had been shot three times, once in the chest and twice in the left leg. She testified that the men wore bandanas over their faces and that she was unable to make an identification from pictures that were shown to her in the hospital.

Curtis testified that a man with a gun ordered him out of the car and onto the ground. He further testified that the man held the gun to the back of his head, demanded money, and felt around his body. He heard Ms. Waters yelling that it was her birthday, and he testified that the man who had the gun on him fired at Ms. Waters. Curtis testified that one of the men had a bandana covering one eye. The men ran into their car, which Curtis said he could hear driving closer to them. He also stated that he was not able to positively pick anyone out of two photographic lineups although he was sixty to seventy-five percent sure that one of the persons in one of the lineups was one of the robbers.

The third incident occurred in the early morning of November 13, 1996. Brenda Gallardo testified that Navin Agrawal and Aaron Chad Alvarez were dropping her off at her house at 7735 Zimple Street when another car pulled up beside Agrawal’s car. She further testified that a man in the other car pointed a 14shotgun out of the window and ordered her and the others out of the car. Ms. Gallardo and her friends exited the car, and she testified that three men got out of the other car and surrounded them. She also stated that two of the men wore masks and one wore a bandana and that another man stayed in the car. The three men demanded Ms. Gallardo’s purse and jewelry, which she gave to them; and, one of the men threw Agrawal to the ground. The men took Agrawal’s and Alvarez’s wallets and watches, and the man with the shotgun kept the weapon pointed at Ms. Gallardo’s chest. The men left when they heard a car coming. She testified that the man who approached her wore a blue, yellow and white football jacket and an “old man” mask. She identified a Michigan jacket and mask as that worn by the man who [943]*943robbed her. She also identified a Loyola University identification card that belonged to Alvarez. After the police arrived, Ms. Gallardo, Agrawal, and Alvarez were taken to an accident scene on Washington Avenue. Ms. Gallardo testified that she identified Washington and McNeil by their clothing as two of the men who robbed her and her friends.

Agrawal testified that the three men, two wearing Halloween masks and the other a bandana, dragged him, Ms. Gallardo, and Alvarez out of the car; and, one of the men held a gun to his head and ordered him to kneel down. He also stated that he was unable to make an identification because the robbers wore masks and he was on the ground. Agrawal gave the man his wallet. Both Ms. Gallardo and Agrawal testified that the robbers were in a gray car and that Alvarez got the license plate number of the car. He identified the car at the crash site on Washington Avenue as the car that the people who robbed them exited. Alvarez did not testify at trial.

IsThe fourth robbery also occurred on November 13, 1996, at around 3:00 a.m. Ansel Mullins testified that he was returning from work to his home at 7407 Freret Street when he heard a car pull up and stop. He saw some men, one of whom had a sawed-off shotgun and wore an old man’s rubber mask, jump out of the car and approach him. They demanded money, but Mullins told them he had no money, only a beeper. The men rifled through Mullins’ pockets, took the beeper, and left. Mullins entered his house and called the police; and as he spoke with the police, he saw the robbers’ car going the wrong way down Freret.

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Bluebook (online)
753 So. 2d 938, 2000 WL 202126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcneil-lactapp-2000.